I. Except as otherwise provided in this chapter, a person is guilty of an offense if he installs or uses a pen register or a trap and trace device without first obtaining a court order under this chapter.
II. The offense is a misdemeanor if the violation of this chapter is a first offense. If the violation of this chapter is a second or subsequent offense, the person shall be guilty of a class B felony.

Terms Used In New Hampshire Revised Statutes 570-B:2

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any device used by a provider or customer of a telecommunication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a telecommunication service for cost accounting or other like purposes in the ordinary course of its business. See New Hampshire Revised Statutes 570-B:1
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • Trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a telecommunication was transmitted. See New Hampshire Revised Statutes 570-B:1